Toto Fan Submission Terms Conditions

Toto Fan Submission Terms Conditions

By uploading your materials, along with your full name and email address (hereinafter, the “Submission Materials”), at any time from Monday, July 10, 2017 until Thursday, November 30, 2017 (hereinafter, the “Submission Period”), to https://LegacyRecordings.lnk.to/toto-fansubmit, , you represent and warrant that: (A) all contents of the Submission Materials are wholly original, have been created entirely by you, have not been taken in whole or in part from any source other than you and do not incorporate or include anything that is owned by any third party or would require the consent of any third party; (B) you own and/or control 100% of all right, title and interest in and to the Submission Materials, as well as all elements contained therein; (C) the Submission Materials do not and shall not violate any law or the copyright, trademark, publicity right, privacy right, or any other right of any third party; (D) the Submission Materials, or any part thereof, have not been commercially released; and (E) you have the written consent, release and/or permission of each and every participant in the Submission Material to participate in the Submission Materials as contemplated herein; (F) you and any individual(s) participating, appearing and/or recognizable in the Submission Materials (each, a “Participant”) are at least the age of majority in your state of residence as of the start of the Submission Period; (G) you and any Participant are legal resident(s) of the fifty (50) United States and the District of Columbia (excluding territories and possessions); and (H) you agree that the Submission Materials shall be a “work made for hire,” with all rights therein, including, without limitation, the exclusive copyright, being the property of Sony Music Entertainment (“SME”). In the event the Submission Materials are considered not to be a “work made for hire,” you irrevocably assign to SME all right, title, and interest in your Submission Materials (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, the use or display of your Submission Materials in or in connection with Box Set packaging or other materials relating to the Artist (hereinafter, the “Packaging”) to be displayed in connection with the musical recording act professionally known as Toto (the “Artist”).

The Submission Materials must not contain references which are obscene, crude, vulgar or defamatory; depict or contain references to excessive consumption of alcoholic beverages; contain gang identification, references to commercial products, license plate numbers, phone numbers, personal addresses (physical or email), Website URLs, derogatory characterizations of any ethnic, racial, sexual or religious groups; contain references to illegal or inappropriate activity, behavior or conduct; or contain any other references that could be considered inappropriate, unsuitable or offensive, as determined by SME, in its sole discretion. By providing the Submission Materials in connection herewith, you may receive the opportunity to have your Submission Materials, or any portion thereof, appear on or in connection with the Artist’s Packaging, and you grant to SME and its affiliated companies the right, except where prohibited by law, to use your Submission Materials, or any portion thereof, alone or with other materials, as part of or in connection with the Packaging without compensation to you unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of the Submission Materials. You hereby release SME from, and shall neither sue nor bring any proceeding against any such parties for, any liability, loss, demands, claims or causes of action, whether now known or unknown, for defamation, invasion or other violations of rights to privacy, publicity or personality, or any similar matter or based upon or relating to the use of my Submission Materials, and for any loss, damage, injury, including death, that you may sustain. You irrevocably waive in favor of SME any and all moral rights that you may have with respect to the Submission Materials. The rights granted under this paragraph shall extend to SME and its affiliated companies and agents with respect to all participants in the Submission Materials. The Submission Materials to be displayed on the Artist’s Packaging will be selected by SME in its sole discretion. SME is under no obligation to use any of the Submission Materials for any other purpose. By providing the Submission Materials in connection herewith, you agree that you will complete and execute any and all documentation provided to you (if any), as-is, by SME in connection with SME’s use and ownership of the Submission Materials.

You hereby represent and warrant that: (a) you and any Participant are: (i) legal resident(s) of the fifty (50) United States and the District of Columbia (excluding territories and possessions), and (ii) at least the age of majority in your state of residence as of the start of the Submission Period; (b) you have the written permission of any Participant; (c) you and any Participant agree that you will complete, execute and return a Use of Creative Materials and Personal Likeness Release and Authorization within three (3) calendar days of your notification of Submission Materials’ selection (if any) by SME; and (d) you have read and agree to the foregoing and are fully familiar with its contents.

By continuing, you agree to be bound by the decisions of SME and to comply with all federal, state, and local laws and regulations.